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Home My WebLink AboutContract 49320 CITY SECRETARY RECEIVED ff2zo CONTRACT NO. 3 A 21 !117 'a CGn'OFFpRTWOR7 „ CITY SECRETARY CONTRACT NO. C"YSECRETARY TEMPORARY WORKSPACE AND ' ACCESS AGREEMENT FOR SYLVANIA PARK This Temporary Workspace and Access Agreement for Sylvania Park ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation organized under the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and Mark of Excellence Pizza Company d/b/a Domino's ("Company"), a Texas company, acting by and through its duly authorized Owner. The following statements are true and correct and constitute the basis upon which the City has executed the Permit: A. The City owns a certain piece of property known as Sylvania Park, 3700 East Belknap Street, Fort Worth,Texas 76111 (the"Park"), more particularly described as located in the A. McLemore Survey, A-1056 Tract 102, as described in survey plat by Henry M. Dickenson,County Surveyor,submitted to the Park Board on 200' day of August A.D. 1926, an addition to the City of Fort Worth, Tarrant County, Texas. B. Company currently owns land adjacent to the Park and is constructing a Domino's store ("Store"). Both the Park and the Store are more particularly described in Exhibit A, attached hereto and incorporated herein for all purposes. C. Company wishes to use certain designated portions of the Park as temporary workspace during construction of the store for the purpose of storing vehicles, equipment and materials and having access to the property where Company will construct the Store, in exchange for the payment of a license fee to the City. D. The City has reviewed Company's request and agrees to grant Company use of the designated portions of the Park in accordance with the terms and conditions of this Permit. Agreement I. Term a. License Period. The term of this Permit shall consist of one (1) license period of one hundred twenty (120) consecutive calendar days, which shall commence on the tenth (10h) business day following the date of execution of this Permit and shall end at 11:59 P.M.on the one hundred twentieth(120'h)calendar day following the day of commencement ("License Period"). b. Extension of License Period. If the Company fails to complete all obligations hereunder in accordance with this Permit on or before the expiration of the License Period, including, but not limited to, construction of the Store and restoration of the Park, then Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza OFFICIAL RECORD Page 1 of 36 CITY SECRETARY FT.WORTH,TX Company agrees to extend the License Period for subsequent one hundred twenty (120) day periods until Company has completed all obligations pursuant to this Permit. If an extension occurs, then Company shall pay City an additional License Fee in the amount of Five Thousand Five Hundred Dollars and No Cents ($5,500.00) for each subsequent License Period,which will be due and payable on or before the first(1St)day each extended License Period. Such additional License Fee(s) shall be paid to the City without demand and without offset. The extension of the License Period shall renew automatically for subsequent one hundred twenty (120) day extended License Periods until the Company receives notice from the City that all of its obligations under the Permit have been completed. Notwithstanding anything to the contrary, the City may terminate the extended License Period at any time and for any reason. C. Access. No use of or access to the Park or the Licensed Premises shall be allowed outside of the designated License Period or applicable extension period. Company's rights in and to the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely terminate and be of no further force and effect at the conclusion of the License Period or applicable extension period. After the License Period or applicable extension period ends, all rights of the Company in and to the Licensed Premises shall, automatically and without the need for any further documentation, fully and unconditionally terminate, whereupon the Company shall have no right of entry or use of the Licensed Premises whatsoever. II. Licensed Premises Subject to the terms and conditions set forth in this Permit and the City Charter and ordinances, for and in consideration of the monetary payments to be provided hereunder and the other covenants and promises expressed herein, the City does hereby agree to license to the Company during the License Period and any applicable extension period the use of a portion of Park,the exact location and boundaries of which are depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes as though it were set forth at length (the "Licensed Premises"). III. License Fee; Additional Consideration Contemporaneously with executing this Permit, the Company shall deliver to the offices of the City's Park and Recreation Department (the "Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115, payment of a License Fee of Five Thousand Five Hundred Dollars and No Cents ($5,500.00) as compensation for the rights and privileges granted under this Permit. IV. Acceptance of Licensed Premises The Company takes all portions of the Licensed Premises and all appurtenances in "AS IS" condition without any express or implied warranty on the part of the City. The Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 2 of 36 Company accepts the Licensed Premises in their present condition, finds them suitable for the purposes intended, and further acknowledges that Company is thoroughly familiar with such condition by reason of personal inspection and does not rely on any representations by the City as to the condition of the Licensed Premises or their suitability for the purposes intended. The Company accepts the Licensed Premises subject to any and all previously recorded easements that may have been granted on, along, over, under, or across said property, and releases the City from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. The Company's taking possession of the Licensed Premises shall be conclusive evidence that: (a) the Licensed Premises are suitable for the purposes and uses for which same are licensed; and(b)the Company waives any and all defects in and to the Licensed Premises and all the appurtenances thereto. The City shall not be liable to the Company, its agents, employees, contractors, subcontractors,invitees,licensees,or guests for any damage to any person or property due to the acts or omissions of the Company, its agents, employees, contractors, or subcontractors, unless such damage is caused by the gross negligence or willful misconduct of City or its agents, employees, separate contractors, or subcontractors. V. Use Not Exclusive This Permit and all rights granted to Company herein are strictly non-exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other authorizations for use of the Park and the Licensed Premises to other persons and entities as the City deems appropriate in accordance with applicable law; provided, however, that in granting subsequent authorization for use, the City will not allow a use that will unreasonably interfere with the Company's use of the Licensed Premises as provided herein. This Permit does not establish any priority for the use of the Park or the Licensed Premises by the Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park or the Licensed Premises, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. VI. Limitations on Use a. The Company may not initiate any construction on the Licensed Premises (including, but not limited to, any excavation work)until the Company has attended a pre- construction meeting with the City(as set forth below). b. The Company shall schedule a pre-construction meeting with City staff in the Department at least three (3) business days prior to initiating any construction on or near the Licensed Premises (including, but not limited to, any excavation work). The pre- construction meeting shall be for purposes of outlining Company's plans and schedules regarding the following: (i) construction and installation of the Company's Store, (ii) minimizing construction impact on vegetation and the Park, in general, and (ii)restoration of all affected parkland and amenities. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 3 of 36 i. Liability. Approval by City shall not constitute or be deemed a release of the responsibility and liability of Company, its agents, servants, employees, contractors, and subcontractors for the accuracy and competency of its designs, working drawings, and specifications or other engineering documents. City, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any the designs, working drawings, and specifications or other engineering documents, building or improvement constructed from the plans or specifications prepared by Company,its agents,servants,employees,contractors and subcontractors (it being the intent of the parties that approval by City constitutes approval of only the general design concept of the improvements to be constructed). C. Use of the Licensed Premises is allowed only between 7:00 A.M. and 6:00 P.m. Monday through Friday. Company understands and acknowledges that access to the Licensed Premises shall be accomplished as set forth in Exhibit B. Use of any portion of the Park outside of the Licensed Premises is strictly prohibited. d. In accessing and using the Licensed Premises, the Company shall comply with all of its obligations and responsibilities under this Permit and under any and all applicable, federal, state, or local law, rule, ordinance, or City standards and specifications VII. Public Safety a. Company shall be solely responsible for initiating,maintaining, and supervising all safety precautions and programs in connection with Company's use of the Licensed Premises and the Park. b. The Company shall maintain silt fence and orange safety fence along the perimeter of the Licensed Premises during the License Period. Following installation of the access entry,the Company shall contact the Parks and Community Services Department to inspect for proper installation.The Company shall have the temporary construction access entrance into the Park closed with chain link or other materials, as approved by the Department to keep the Park secure during construction. C. Company shall also take all reasonably necessary precautions and shall provide all reasonably necessary protection to prevent damage, injury, or loss to (a) all persons accessing portions of the Licensed Premises on which any construction is being performed by or on behalf of the Company; (b) all work performed on or from the Licensed Premises and all materials and equipment to be incorporated therein that are under the care,custody, or control of the Company, or the Company's employees, agents, contractors, or subcontractors, regardless of whether such material and equipment is stored on or off the Licensed Premises; and(c) other property on or adjacent to the Licensed Premises. d. The Company shall be required to apply for all necessary permits to ensure that Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 4 of 36 installation, equipment, and materials meet the requirements of the City's Planning and Development Department and Department. Staff from both departments shall be entitled to inspect the work prior to, during, and after the installation process. VIII. Protection of the Environment a. The City has no knowledge of any Hazardous Materials on, under, over, or about the Park or the Licensed Premises as of the execution date of this Permit and hereby represents and warrants that it shall not knowingly, nor permit any third party to, use, handle, or store any Hazardous Materials on, under, over, or about Park or the Licensed Premises in violation of any applicable laws. Company shall not handle or store any Hazardous Materials on the Premises or the Park, except that the Company may, in compliance with applicable environmental laws,use and store Hazardous Materials in such amounts and types that are commonly used in connection with similar operations, provided, however, that Company specifically agrees to remove any and all such Hazardous Materials on or before the final day of the License Period or any extended License Period. Company shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport across, or permit to exist on the Licensed Premises or the Park any "treatment, storage or disposal facility" or"underground storage tank," as those terms are defined under applicable environmental laws. For purposes of this Permit, "Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials used by the Company on the Licensed Premises shall be posted on site and a list shall be given to City. b. Company shall take commercially reasonable steps to avoid creating or aggravating any condition at the Park or the Licensed Premises that could present a threat to human health or to the environment. IX. Documenting Condition of Licensed Premises Company must provide the Department with videographic documentation of the condition of the Licensed Premises, as they exist both before and after use of the Licensed Premises by Company. All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre-installation condition at least five (5) business days prior to the date on which the License Period will commence under Section I of this Permit. Post-installation documentation must be submitted no later than five (5) business days .after the last day of the License Period. Department staff will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the Licensed Premises. X. Minimizing Impact to Vegetation a. Company shall not cut or remove any trees on the Licensed Premises. To minimize damage during construction, the Company shall, prior to beginning any work under this Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 5 of 36 Permit, install orange mesh fencing on the outside drip line of trees and other vegetation specifically identified by the Department at a pre-construction meeting and as outlined in accordance with Exhibit C, which is attached hereto and incorporated herein for all purposes. Company shall notify the Department once the tree and vegetation protection measures have been installed and allow the Department an opportunity to inspect the work before construction begins. The City shall have at least two (2) business days following the date on which notice is received to conduct its inspection. The Company may begin construction on or after the third(3`d)business day following the date on which it provided notice to the City unless the City contacts the Company and identifies specific issues that render the tree and vegetation protection measures unacceptable. b. Company shall ensure that tree protection fencing remains in place throughout the License Period or any extended License Period. At no time shall any tree be damaged or removed. If any tree within the Park is damaged in connection with Company's operations, Company agrees to undertake remediation efforts, including paying of remediation costs, in accordance with Exhibit D, which is attached hereto and incorporated herein for all purposes. Any fencing shall remain in place until such time as the Licensed Premises are restored pursuant to the terms of this Permit. XI. Minimizing Impact to Utilities a. If the Company encounters any utility infrastructure (including, but not limited to, electric lines, waterlines, sewer lines, storm drains and lines, or gas lines) the Company covenants and agrees to cease construction operations and contact the Department to arrange for inspection and approval by appropriate City personnel. b. The Company shall provide the Department with a copy of the City's inspection report within twenty-four (24) hours of receiving the report and prior to resuming construction in the Park. The Company may resume construction on the next day after the date on which it provides the inspection report and specifications to the Department unless that department contacts the Company and identifies specific issues that must be addressed. XII. Restoration of Improvements To the extent any property, fence, or other improvement is destroyed, removed, or altered in connection with the Company's activities under this Permit, as determined at the sole discretion of Director of the Department and/or his or her designee ("Director"), the Company shall,prior to the expiration of the License Period or applicable extension period, reconstruct and restore such improvement in a good and workmanlike manner to a condition that is equal to or better than the one in which such improvement existed as of the date this Permit is fully executed, as evidenced by the pre-installation video required under Section IX of this Permit. Any restoration required under this section must be completed by the Company and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section I. XIII. Restoration of Surface and Subsurface of Licensed Premises a. To the extent any portion of the surface or subsurface of the Licensed Premises or Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 6 of 36 of the Park is damaged or disturbed in connection with Company's activities under this Permit, as determined at the sole discretion of the Director, the Company shall ensure any subsurface area is promptly filled with clean fill dirt up to the level of the surrounding ground. Company shall ensure any fill dirt is compacted to a minimum 90%compression ratio and in accordance with all applicable laws. Company shall provide the City with a report or other written documentation acceptable to the Director to demonstrate that compaction was performed in accordance with this section. In performing earthwork in the Park or Licensed Premises,the Company shall adhere to the policies outlined in Exhibit E, which is attached to this Permit and incorporated herein for all purposes. b. Company shall restore the surface of the Licensed Premises by doing the following: (i) establishing replacement turf of grass in accordance with the specifications outlined in the attached Exhibit F and using reseeding, sodding, or other method approved by the Director one week prior to the expiration of the License Period or applicable extension period; and (ii) watering these areas as needed until the replacement vegetation is reasonably established and has been approved and accepted by the Director. Prior to planting, Company shall provide the Director with documentation certifying the type and quality of the materials to be planted. The Director may,in exercise of his or her reasonable discretion, reject any plant material that does not meet the requirements of this section or Exhibit F or is otherwise unacceptable for one or more specific, clearly identified reasons. C. Any restoration required under this section must be completed by the Company and inspected and approved by the Director prior to the expiration of the License Period or the License Period will be extended per Section I. XIV. Discretionary Limited Access to Care for and Establish Vegetation a. Company may request limited access to the Licensed Premises to water, care for, and establish replacement vegetation required under Section XIII ("Limited Access"). A request for Limited Access must be made in writing and delivered to the Department at least two weeks prior to the expiration of the License Period or extended License Period. Replacement vegetation or seed must be in place at the time the request is made. b. Director may, in its reasonable discretion, authorize Limited Access for a period not to exceed two weeks from the expiration of the License Period or extended License Period. During the Limited Access period, no Company materials or equipment may remain on the Licensed Premises with the exception of irrigation directly involved in irrigation and temporary fencing used to protect areas being restored. Company's use of the Licensed Premises under Limited Access in accordance with this Section shall not invoke any additional extended License Period beyond that which already exists at the time that Limited Access is granted. XV. Warranties a. Company represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 7 of 36 cause or accelerate deterioration of the work) for one year after completion and acceptance by the City of the work to be performed by Company on or to restore the Licensed Premises. Company represents and warrants that the work and the materials used are not currently known to be harmful to public health and safety.The representations and warranties in this section shall survive the termination or other extinction of this Permit. i. If, within one year after completion and acceptance by the City of the work, City observes any breach of warranty described in this section that is curable by Company, City shall give written notice to Company of such breach with reasonable promptness. Company shall,at the request of the City,cure the breach satisfactorily and consistent with industry standards,including, but not limited to, those standards set forth by the City. ii. If, within one year after completion of the work, City observes any breach of warranty described in this section that is not curable by Company, Company is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. iii. Company shall commence any work in accordance with this warranty within fourteen (14) calendar days from receipt of written notice from the City and complete such work within thirty(30)business days thereafter at no expense to the City. If, within the warranty period, the Company is not responsive or does not cure the breach, then Company shall be liable to the City for damages, expenses, and losses incurred by City as a result of the breach. XVI. Liability; Indemnification a. Company agrees to pay City for all damages suffered or incurred by City as a result of any operations conducted for or by Company, its agents, employees or representatives, including all damage or injury to standing or fallen timber, buildings, fences, equipment, and all other property, whether real or personal. Company shall assume all responsibility and liability for any damages (whether for property loss or damage or personal injury or otherwise) arising out of, resulting from, or connected to Company's use of the Licensed Premises. b. GENERAL INDEMNIFICATION. COMPANY COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND,AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS,AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 8 of 36 ASSERTED,ARISING OUT OF OR RESULTING FROM ANY ACTS,ERRORS,OR OMMISSIONS OF COMPANY, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, AND TRESPASSERS IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE,OR NONPERFORMANCE OF THIS PERMIT. COMPANY LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY DEFEND, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS PERMIT. HOWEVER, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXTEND TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND,IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THE COMPANY AND THE CITY,RESPONSIBILITY AND LIABILITY,IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF TEXAS. C. ENVIRONMENTAL INDEMNIFICATION. COMPANY DOES HEREBY RELEASE,INDEMNIFY,DEFEND,REIMBURSE,AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND VOLUNTEERS FROM AND AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL ENVIRONMENTAL REQUIREMENTS RESULTING FROM ANY WORK UNDER THIS AGREEMENT. d. Company covenants and agrees that City shall no way or under any circumstances be responsible for any property belonging to Company, its members, employees,agents,contractors, subcontractors,invitees,licensees,or trespassers that may be stolen, destroyed, or in any way damaged, AND COMPANY HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS. City does not guarantee police protection and will not be liable for any loss or damage sustained by Company, its members, employees, agents, contractors, subcontractors, invitees, licensees, or trespassers on any of the Premises. e. Company agrees that City shall not be liable for any loss, injury, or damage whatsoever suffered or incurred by Company or Company's agents, employees or representatives in the performance of this Permit, unless caused by the City's willful or gross negligence. £ If any action or proceeding shall be brought by or against the City in connection with any such liability or claim, Company, on notice from City, shall defend such action or proceeding, at Company's expense, by or through attorneys reasonably satisfactory to the City. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 9 of 36 g. Company agrees to and shall release City from any and all liability for injury,death, damage,or loss to persons or property sustained or caused by Company in connection with or incidental to performance under this Permit. h. This section shall survive the expiration or termination of this Permit. XVII. INSURANCE Duty to Acquire and Maintain Company shall ensure that a policy or policies of insurance are procured and maintained at all times, in full force and effect, to provide coverage of the types and amounts specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition,maintenance, existence, or location of the Park. The insurance required hereunder may be met by a combination of self-insurance and primary and excess policies. Types and Amounts of Coverage Required Commercial General Liability: $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse, and underground property damage Property Damage Liability: $1,000,000.00 per occurrence Umbrella Policy $5,000,000.00 Environmental Impairment Liability (EIL) &/or Pollution Liability $2,000,000 per occurrence $5,000,000 aggregate Automobile Liability: $1,000,000.00 per accident, including, but not limited to, all owned, leased, hired, or non-owned motor vehicles used in conjunction with the rights granted under this Permit Worker's Compensation: As required by law Employer's Liability: $1,000,000.00 per accident Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 10 of 36 Revisions to Required Coverage At the reasonable recommendation of the City's Risk Manager,the City may at any time revise insurance coverage requirements and limits required by this Permit. Company agrees that within thirty (30) days of receipt of written notice from the City, all such revisions requested by the City will be implemented. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to,cancellation,termination, non-renewal,or amendment,shall be made without thirty(30)days' prior written notice to the City. Underwriters and Certificates Company shall ensure that insurance is procured and maintained with underwriters who are authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within ten (10) business days following execution of this Permit, Company shall ensure that City is furnished with certificates of insurance signed by the respective companies as proof that the types and amounts of insurance coverage required herein have been obtained. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. Deductibles Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. No Limitation of Liability The insurance requirements set forth in this section and any recovery by the City of any sum by reason of any insurance policy required under this Permit shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Permit or law. XVIII. Prohibition Against Liens The Company shall not do any act or make any contract that may be purported to create or be the foundation of any lien on or any interest in the Licensed Premises or the Park. Any such act, contract, or lien attempted to be created shall be void. Should any purported lien on the Licensed Premises be created or filed, the Company shall, at its sole expense, liquidate and discharge same within ten(10)business days after notice from the City to do so XIX. Notices All notices required or permitted under this Permit shall be conclusively determined to have been delivered when (i) hand-delivered to the other party, its agent, employee, Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 11 of 36 servant, or representative, or (ii) received by the other party by reliable overnight courier or United States Mail,postage prepaid,return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To COMPANY: Director Dennis Mayhall Park and Recreation Department Owner City of Fort Worth Mark of Excellence d/b/a/Domino's 4200 South Freeway, Ste 2200 1808 Harwood Ct., Fort Worth, Texas 76115 Hurst, TX. 76054 With a copy to: With a copy to: Department of Law Jerald Posten City of Fort Worth Mark of Excellence Pizza Co. 200 Texas Street 1808 Harwood Ct Fort Worth, Texas 76102 Hurst TX 76054 XX. Independent Entity It is expressly understood and agreed that Company shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Company shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Company and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees. Nothing contained in this Permit shall be construed as the creation of a partnership or joint enterprise between the City and Company. XXI. Prohibition Against Assignment The Company may not sell, assign, or otherwise transfer any of its rights or obligations under this Permit without the prior, written consent of the City. Any such attempted assignment without the City's consent shall be void. XXII. Compliance with Laws and Regulations In operating under this Permit,Company agrees to comply with all applicable federal,state, and local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code Compliance,Transportation and Public Works, and Health Departments. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 12 of 36 Company will not knowingly do or suffer to be done anything on said Licensed Premises during the terms of this Permit in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or requirements referenced in this Permit. If the City calls the attention of Company to any such violation on the part of said Company or any person employed by or admitted to said Licensed Premises by Company, Company will immediately(or otherwise as soon as reasonably possible)desist from and correct such violation and/or vacate the Licensed Premises. XXIII. Taxes The Company acknowledges and agrees that it shall be solely responsible for paying all taxes assessed or imposed by any governmental entity in connection with the use of the Licensed Premises or other City property related to activities within the scope of this Permit. XXIV. Third Parties Nothing in this Permit shall be construed in any manner to create a cause of action for the benefit of any person not a party to this Permit,or to create any rights not otherwise existing at law for the benefit of any person not a party to this Permit. Nothing in this Permit shall be deemed to constitute a waiver of any immunity or affirmative defense that may be asserted by Company or the City as to any claim of any third party. XXV. Force Maieure; Homeland Security If either party is unable, either in whole or part, to fulfill its obligations under this Permit due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission,or agency of the United States or of any state;declaration of a state of disaster or emergency by the federal, state, county, or City government in accordance with applicable law; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If the Licensed Premises or any portion thereof shall be destroyed or rendered unsafe for use or occupation by reason of a Force Majeure Event, the City may, in its reasonable discretion and after consulting with Company, either cancel or reschedule the Company's activities. The Company hereby waives any claim against City for damages by reason of any such rescheduling or cancellation. If the United States Department of Homeland Security issues a Level Orange or Level Red Alert, the City, in its sole discretion, may cancel or postpone scheduled Company activity in the interest of public safety. XXVI. Headings The section headings contained herein are solely for convenience in reference and are not intended to define or limit the scope of any provision of this Permit. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 13 of 36 XXVII. Choice of Law; Venue This Permit shall be governed by and construed in accordance with the laws of the State of Texas. If any action,whether real or asserted, at law or in equity, arises on the basis of any provision of this Permit, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. XXVIII. Governmental Powers It is understood and agreed that by execution of this Permit, City does not waive or surrender any of its governmental powers. XXIX. Authorization By executing this Permit, Company's agent affirms that he or she is authorized by the Company to execute this Permit and that all representations made herein with regard to Company's identity,address and legal status (corporation,partnership, individual,etc.)are true and correct. XXX. Entirety of Agreement This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the entire understanding and agreement of the City and Company as to use of the Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Permit. This Permit shall not be amended unless agreed to in writing by both parties. By executing this Permit, Company agrees to and accepts the terms, conditions and provision contained herein. [SIGNATURES APPEAR ON FOLLOWING PAGE] Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 14 of 36 IN WITNESS WHEREOF, the parties hereto have executed this Permit this day of :ytyvQ " ,2017 in Fort Worth,Tarrant County,Texas. City of Fort Worth Mark of Excellence Pizza Company d/b/a Domino's By: '� By: �, S sa Alanis Dennis Mayhall Assistant City Manager Owner Date: ()11".)-p 17 Date: Recommended by: ATTEST: By: 11A By: Aklz", RiKiard Zavala, Dir ctor , Park and Recreation Department Name: dv/� / " f Date: .:l Title: r�(�CG�I Approved as to Form and Legality: awenrr, MARCEY LEANN CONNALLY C State of Texas % ,��.• �: z Comn.Expires 11-16 2020 By '°Ai'F'aFt`.� Notary IQ 130904351 Richard A. McCracken '7 I-�1'1 """``� Assistant City Attorney M&C: T17,A L.-tWb" Date: &14311-7 Forrn 1295: Nd A Zpt7.203143 2 ATTEST• Contract Compliance Manager: By signing I acknowledge that I am the By: person responsible for the monitoring and aryMcre administration of this contract, including City y ensuring all performance and reporting SORT�,1, requirements. By: * Name: 7`E�CP`5 Title: Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza OFFICIAL RECORD Page 15 of 36 CITY SECRETARY FT.WORTH,TX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. clm I Gam+. Name of Employee/Signature Project Manager Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature ULK I IFIC:A i E OF IN I LKLS I EU PARI IE5 FORM 1295 loll Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-203436 Mark of Excellence Pizza Company Hurst,TX United States bate f=iled: 2 Name of governmental entity or state agency that is a party to the contract or which the form is 0510512017 being filed. City of Fort Worth tate Acknwwledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract, PB15-02892 Land lease of property adjacent to 3810 E Belknap Street. Nature of interest a Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Mayhall,Bradley Hurst,TX United States X Posten,Jerald Hurst,TX United States X Mayhaii,Dennis - Hurst,TX United States X 5 Check only if there is NO Interested Parry. 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct w+�+rrtiirrr irr ��.� riyj++yam MARCEY LEANN CONNALLY � .,-Notary Public.State of Texas �� Comm.Expires 11-18.2020 y�� r.1 ��✓�.,,.- y HAI Notary ID 134904351 Sig tore f auorizedagent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE J/ Sworn to and subscribed before me,by the said r4 /[ � �1 I , this the I day of 20 _,to certify which,witness my hand and seal of o e. I` IN ' a�ll,r Af I� Al Signatuorcifficer-administering4i2hPrinted na a of officer administe ng oath Title of officer administering oath EXHIBIT "A" DESCRIPTION OF PARK AND STORE Sylvania Part AMA Approximate location Y G' of temporary workspace area - V 42 L *LU 4 77 1. WDAL .0 _+ r .OF . fi a06 , F vq jL % ti ' I Ya J V ?AAUR Ci y. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 16 of 36 EXHIBIT "B" LICENSED PREMISES AND ACCESS ROUTE Bit its - All 44* Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 17 of 36 9£3o 81 a2va ezzid s,ouiuiod/e/q/p•oa ezzid aaua«angjo itaeyv xivd umvitISS jo;;uatuaaj8V asuaatZ aasdsxaoM puu anund ssaaaV 0 0 cn o H K, wz z 2 co w ti 11121 f >_ C:4 _ w fn H U �• b � a h «D» .LIgIHX3 EXHIBIT "D" Damage to Trees;Remediation Costs In the event of any damage to trees in connection with Company's operations, Company shall comply with the following: 1. In General The City Forester shall have the right to inspect any trees located on the Park for damage by Company and, if applicable, will classify damage to trees as slight, moderate, or severe as described below. 1.1 Standards for Measuring Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back under ANSI standards. Tree caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast height(DBH). 2.1. Slight Damage: Slight damage shall be defined as damage that, in the opinion of the City Forester, can be reasonably anticipated to heal. Examples include,but are not limited to, (i)scarring of the trunk into the cambial layer of up to 2" in width but less than 1/3 trunk circumference; and (ii) breaking of limbs that are less than 2"in diameter and less than 1/3 of the trunk caliper. Remediation costs shall be assessed at a rate of$100.00 for each instance of slight damage. 2.2. Moderate Damage: Moderate damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to poor health and slight to moderate reduction in longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer greater than 2" in width but less than 1/3 trunk circumference ;and(ii)breaking of limbs more than 2"in diameter but less than 1/3 of the trunk caliper. Remediation costs shall be assessed for each instance of moderate damage at the following rates: (i) for any tree that is more than 20 inches in caliper,the greater of: (A)one—half of the estimated value of the tree or (B)$300.00 per caliper inch; (ii) for any tree that is'less than 20 inches in caliper,$300.00 per caliper inch. 2.3. Severe Damage: Severe damage shall be defined as damage that, in the opinion of the City Forester, can Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 19 of 36 reasonably be anticipated to contribute to a severe reduction in longevity of the tree or otherwise characterized as a catastrophic injury to the tree. Examples include, but are not limited to, (i) scarring of the trunk to the cambial layer greater than 1/3 the trunk circumference; (ii)uprooting a tree or causing a tree to lean; (iii) damage to a scaffolding branch or to a branch greater than 1/3 of trunk caliper;and(iv)removal of a tree. Remediation costs shall be assessed for each instance of severe damage at the following rates: (i) for any tree that is twenty-five(25)inches or less in caliper,the appraised value of the tree; (ii) for any tree greater than twenty-five(25)inches in caliper,twice the appraised value of the tree. 3.1. Payment of Remediation Costs Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by the Parks and Community Services Department. Replacement shall be made on caliper-inch-per-caliper-inch basis with a minimum size replacement tree of 2" in caliper. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Any tree that does not survive the 2 year establishment period shall be compensated for by the Company to the Parks and Community Services Department at a rate of$200 per caliper inch. 3.2. Applicabilityof f City's Tree Ordinance Remediation costs assessed hereunder constitute contractual damages intended to compensate the Parks and Community Services as property owner and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 20 of 36 EXHIBIT "E" SECTION 02300 -EARTHWORK PART1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART2- PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,unless separately designated, within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments,provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 21 of 36 2.03 TOPSOIL On-Site Topsoil: Topsoil shall consist of an average depth of six inches (6") of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site Preparation." Topsoil may be greater or less, than the upper six inches (6") in depth. 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that(1)the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or(2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Architect/ Engineer may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill will be declared as "'unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks, cobbles, or boulders 8. Cementious matter Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 22 of 36 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Architect/Engineer may grant the Contractor permission to process the material to reduce the moisture content to a usable optimum condition. PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal: Topsoil shall be stripped to an average depth of six inches (6") from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Architect/Engineer. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner or Architect/Engineer. Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing: Topsoil will not be replaced(deposited)until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. D. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted, and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of earthwork(including slopes), except where pavement is planned. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 23 of 36 F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one inch in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material: 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction, topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches (6") below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each layer shall be so constructed as to provide a uniform slope as Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 24 of 36 shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed. The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately twenty five(25)tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six (6") inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing, or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1,the Owner may direct the Contractor to key the fill material to the existing slopes by benching. A minimum of two feet(2')normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight(8") inches in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction will be obtained, and the fill will be firm, Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 25 of 36 hard, and unyielding. Fill material which contains excessive moisture shall not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade(e.g.,under topsoil,under concrete and asphalt pavement,under structures, etc.). Accordingly,the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%) of Standard Density ASTM D698 with plus four percent(4%) or minus two percent(2%)percentage points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six (6") inches of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95%)to ninety eight percent(98%) of Standard Density ASTM D698 with the moisture content at minus two percent(2%)to plus four percent(4%) of optimum moisture content. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment,the Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent (2%)below optimum in the top twelve inches (12")of the fill will require that the top twelve inches (12")of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 26 of 36 EXHIBIT "F" SECTION 02930 -SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 27 of 36 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 -Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten(10) miles per hour. B. Schedule After All Other Construction and planting is complete. C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS =purity x germination)per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City,prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent(10%) by weight of the total of pure live seed(PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of- If £If planted between April 15 and September 10: Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 28 of 36 Lbs./Acre Common Name Scientific Name Purity Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2. Native grass seed - The seed shall be planted between February 1 and October I and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3. Wildflower seed -All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September I and December I and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden- Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.dib/a/Domino's Pizza Page 29 of 36 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed -When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 30 of 36 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(3 0)minutes after placed in the equipment. PART 3—EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1") deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half(1/2") inch inside "drip line" of trees. C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering/irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch(1/2")per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 31 of 36 If mechanically seeding (drilling)the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"- 3/8")utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker"type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces -minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces -minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,5001bs./acre. 4. Clay soils, sloping surfaces -minimum 3,000 lbs./acre. 5. "Flat" and"sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one(2 1) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and/or sod application and establishment,protection,replanting as necessary, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2—2.01 —D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3") inches with one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 32 of 36 b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 33 of 36 SECTION 02930-TURF SODDING PART 1-GENERAL 1.01 DESCRIPTION ' 1 A. Work Included: This work includes all labor,materials and equipment for soil preparation,fertilization,planting and other requirements regarding turfgrass sodding shown on the plans. e B. Related Work Specified Elsewhere: Section 02300,Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. For native materials a, Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other materials may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY,STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B. Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The I)eveloperiContractor who plants the sod is responsible for supervision of his crew,while planting the sod and maintaining the sod until the project is accepted by the City. [(.Zr Y)1,o1N*G Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 34 of 36 PART2—PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons, leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be ftee of insects,disease,stones and undesirable foreign materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam. topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept moist and shall be stacked roots-to-roots and grass-to-grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall be furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally,the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner"or"Perma Green Compost",as specified below or an approved equal,shall be used. Raw organics are not acceptable. A. For soil with an alkaline pH condition: Use"New Life Acid Gro"(acid pl{)soil conditioner as produced by Soil Building Systems of Dallas,or an approved equal. B. For soil with an acidic pH condition: Use"Penna Green Compost"by Texas Earth Resources,Inc.of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building Systems,Inc.,of Dallas. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. TURF SODDNG 02930 .2. Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 35 of 36 1 PART 3-EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope,parallel to finished grade contours. a* 3.02 SOIL PREPARATION W* A. Scarify subgrade to a depth of three inches before depositing the required topsoil. W* B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel- type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done in a crossing pattern for double coverage,then followed by a disc harrow. Depth of N* tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted no with sod. go Cleaning: Soil shall be further prepared by the removal of debris,building materials, rubbish,weeds and stones larger than one inch in diameter. 00 D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with ♦ one-half inch compost and then shall be leveled,fine graded,and drug with a weighted ♦ spike harrow or float drag. The required result shall be the elimination of ruts, depressions,humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the 40 sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface,and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment e and shall be well watered. The quantity of compost shall be such that it will cause no smothering 44 or burning of the grass. 0 3.04 FI:RTII.1zP.r'G 0 Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at 0 the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION TURF SODDING) 0:930 .3. r • Access Permit and Workspace License Agreement for Sylvania Park Mark of Excellence Pizza Co.d/b/a/Domino's Pizza Page 36 of 36 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 611312017 DATE: Tuesday, June 13, 2017 REFERENCE NO.: **L-16044 LOG NAME: 80DOMINOS TEMP ACCESS AGREEMENT AT SYLVANIA PARK SUBJECT: Authorize Execution of a Temporary Workspace and Access Agreement in the Amount of$5,500.00 with Mark of Excellence Pizza Company d/b/a Domino's for the Use of a Portion of the Surface of Sylvania Park for a Period of 120 Days (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize execution of a Temporary Workspace and Access Agreement in the amount of$5,500.00 with Mark of Excellence Pizza Company d/b/a Domino's for the use of a portion of the surface of Sylvania Park for a period of 120 days. DISCUSSION: The Mark of Excellence Pizza Company (MEPC) d/b/a Domino's has approached the Park and Recreation Department (PARD) requesting the use of approximately 5,500 square feet of Sylvania Park (Park) for temporary access, workspace and storage associated with its plan to construct a new Domino's Pizza on MEPC's property located east of Sylvania Park. The Temporary Access and Workspace Agreement is for a period of 120 calendar days, and includes restoration of the Park. To minimize harm to the parkland and impacts to the park, MEPC has agreed to install a temporary paving surface and gravel area during their use of the Park. There will be no trees impacted during construction and all construction activities and access will be from the Dominos property so park users will not be impacted. Upon completion of construction, MEPC will restore the Park to its previous condition, or better. Staff is recommending a fee of$1.00 per square foot for the use of the Park, which equates to $5,500.00 in revenue that will be used for improvements in the park system. Sylvania Park is located in COUNCIL DISTRICT 4. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that the Park and Recreation Department is responsible for the collection and deposit of funds due to the City. FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year1A Chartfield 2 FROM Fund Departmentccoun Project JProgram ctivity Budget Reference # moun ID 1A ID I Year Chartfield 2 Logname: 80DOMINOS TEMP ACCESS AGREEMENT AT SYLVANIA PARK Page I of 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. 1295 Dominos.pdf (Public) 2. FID ATTACHMENT 80DOMINOS TEMP ACCESS - SYLVANIA PARK.xlsx (CFW Internal) 3. MAYOR AND COUNCIL COMMUNICATIONS map access.pdf (Public) 4. MAYOR AND COUNCIL COMMUNICATIONS.pdf (Public) 5. Sam Report.pdf (CFW Internal) Logname: 80DOMINOS TEMP ACCESS AGREEMENT AT SYLVANIA PARK Page 2 of 2 CERTIFICATE OF IN 1 ERESTEV PAR-1-1E5 FORM 1295 toff Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2017-203436 Mark of Excellence Pizza Company Hurst, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/05/2017 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. PB15-02892 Land lease of property adjacent to 3810 E Belknap Street. 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Mayhall, Bradley Posten, Jerald Mayhall, Dennis - 5 Check only if there is NO Interested Party 6 AFFIDAVIT u Hurst, TX United States Hurst, TX United States Hurst, TX United States 91 X X I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. o0O11" MARCEY LEANN CONNALLY A %, Public, Stata of Texas Comm. Expires 11-16-2020 C`� `~/ ";,4fo;,;:`` Notary ID 130904351 Sig ature f au orizedagent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said (��l( �� ITG� G/ this the 9 4k day of , 20_1_�__, to certify which, witness my hand and seal of office Signatu o officer administeringya'�h Printed nade of officer administering oath Title of officer administering oath MAYOR AND COUNCIL COMMUNICATION I '°�A - Access to the Park will be limited from the Dom'ino's drive,located on the eastern boundary of the park. A 35 foot opening shall be made through the Domino's fence along the eastern property boundary of the park. A chain link fence shall be placed along the workspace boundary along with sib fence along the interior of the fence to prevent erosion in the park, � Y + ,t 1 1 + y * i � 1 5 •1 * f .�s iOA a� i MAYOR AND COUNCIL COMMUNICATION Sylvania Park J®r f"T" Approximate location of temporary r Wr workspace area W x y .r :. •, V Lu _ "'4 a�� /�. ► ti's '{q ��+,� � � LP k ;M DLFOD �. 0 Owl S r 4 x Y !. Lu l�+Y"� �<4. �ar- ' - �.�• '. A'Yr �J ► ` �. �' S 1 ^� �r!P �er5'��if �, + i°s